Abhik Chakraborty v. The State of West Bengal & Ors.

Mr. Sudipta Dasgupta, learned advocate appearing for the petitioner submits that the petitioner is otherwise eligible to participate in the ongoing recruitment process of 2025. The petitioner obtained his Diploma Elementary Education (Special Education) Course on 13th October, 2025. As per the advertisement dated 19th November, 2025, applications were to be submitted within 9th December, 2025. The petitioner has obtained his D.El.Ed qualification prior the aforesaid advertisement. Thus, he seeks that the petitioner be allowed to edit his TET qualification application in order to participate in the ongoing recruitment process.

On the contrary, Mr. Ratul Biswas, learned advocate appearing for the respondent Board submits that the advertisement for recruitment of Assistant Teacher in 3 Primary School was made on 25th September, 2025. Admittedly, on the said date, the petitioner did not have the requisite qualification. Therefore, the petitioner was not eligible on the date of advertisement. He seeks for dismissal of the writ petition.

In reply, Mr. Dasgupta, learned advocate appearing for the petitioner submits that complete advertisement has been made on 19th November, 2025 declaring the total vacancies and the last date of filling up of application form. Therefore, that date should be taken as a cut-off date and not 25th September, 2025.

In order to examine the issue as raised in the present writ petition, it would be profitable to reproduce Rule 6 (2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (in short, Recruitment Rules, 2016). The sub-rule was later amended on 22nd December, 2020 in the following terms as reproduced hereinunder: “(2) The candidate shall possess the minimum educational and training qualification as prescribed by the National Council for Teacher Education prevailing as on date of publication of recruitment notification.”

The aforesaid rule provides that the candidate shall possess the minimum educational qualification and training qualification as prescribed by the NCTE prevailing as on date of publication of recruitment notification. The intendment of Rule 6(2) of the Recruitment Rules, 2016 is only to declare that the qualifications as prescribed by the NCTE and that are 4 prevailing on the date of publication of the recruitment notification should be possessed by the candidate.

Clause 3 of recruitment of the advertisement dated 25th September, 2025 is quoted hereunder for convenience:

3) Qualifications requirement: (a) The candidate must be a citizen of India. (b) The candidate must have passed : Higher Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education OR Higher Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education OR Higher Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.) OR Higher Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education) OR Graduation and Two Year Diploma in Elementary Education AND Teacher Eligibility Test (TET) (conducted by the West Bengal Board of Primary Education adhering to the rules and principles set by NCTE)

On a conjoint reading of Rule 6(2) of Recruitment Rules, 2016 as well as clause 3(b) of the notification issued by the Board it would construe that the candidates should possess the requisite qualification on the date of publication of the advertisement. Although learned advocate appearing for the petitioner tries to impress upon the Court that 25th September, 2025 is not the complete advertisement, however, it is pertinent to note that there is no challenge made to the aforesaid notification. In unambiguous term Clause 3(b) of the advertisement clearly stipulates that the candidates who have passed should be allowed to take part in the 5 recruitment process. Admittedly, the D.El.Ed. Part II results were declared on 13th October, 2025 meaning thereby that on 25th September, 2025, the petitioner did not have the requisite qualification. In the light of the above, the writ petition falls short of merit and is liable to be dismissed.

Accordingly, the writ petition being WPA 29922 of 2025 is dismissed.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

Consequently, connected applications, if any, also stand disposed of.

Interim orders, if any, stand vacated.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.)